Hazardous waste treatment, storage, and disposal facilities (TSDFs) are required to not only obtain but also maintain their operating permits. Generators of hazardous waste are required to ensure that their hazardous waste is sent to a reputable TSDF. So, it is critical that generators know whether the permit at the TSDF they use is up to snuff. Today we will review requirements for updating hazardous waste permits, and tomorrow we will offer tips for generators when choosing a TSDF.
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With a few exceptions, the Resource Conservation and Recovery Act (RCRA) mandates that most hazardous waste treatment, storage, and disposal activities require a RCRA hazardous waste permit to ensure the safe management of these wastes.
Most TSDFs already have their initial permits, and responsibilities have shifted to maintaining and modifying the permits.
Note. As always with RCRA, it is important to note that your state may have stricter requirements for hazardous waste activities.
The Business Case for Updating Permits
According to the U.S. Environmental Protection Agency (EPA), there are 1,429 TSDFs permitted under RCRA. These facilities employ approximately 100,000 people and generate close to $400 billion in annual revenue. On average, states approve approximately 800 RCRA permit modifications annually. While there is a wide variability on how many permit modifications a single facility will require, these facilities need changes to the permit on average about every 18 months, with the more active facilities requesting multiple changes in a single year.
Permits are issued for a maximum of 10 years, though some states have 5-year permits terms. Most facilities will need to modify their permit more often than the permit needs to be renewed to accommodate time-critical business decisions, such as construction of a new waste management unit or to incorporate regulatory developments.
Examples of changes that would require permit modifications include:
- Changing wastestreams managed,
- Adding capacity in existing units,
- Incorporating new units in the permit,
- Complying with new regulations (e.g., for incinerator units),
- Improving waste management in order to save costs and conserve natural resources,
- Upgrading to more efficient/green technologies, and
- New ownership triggering financial assurance reviews.
At the same time, companies can keep pace with changes in the marketplace and bolster their competitiveness.
However, permit fees on modifications can sway business decisions regarding permit modifications. For example, the facility operators may delay changes that trigger permit modifications until the permit is renewed. This is more likely to happen in states with shorter permit terms.
The Environmental Case for Maintenance
As facility operations or other factors change through time, TSDFs need to ensure that conditions outlined in the permit continue to prevent releases and require best waste management practices. According to the EPA, there are valid environmental reasons for formal approval of the facility changes in order to prevent release. For example, secondary containment not adjusted to allow for increases in quantity of hazardous waste managed could pose an increased risk of release, which in turn may result in human exposure and a lengthy and costly cleanup.
Going Beyond Public Participation Requirements
TSDFs that plan to modify their permits for other than minor changes are required to send a notice of the modification to everyone on the facility mailing list that is maintained by either the EPA or the state regulatory agency and publish the notice in a major local newspaper.
However, the EPA recommends expanded public participation efforts such as the use of social media that goes beyond regulatory requirements. For example, greater public outreach may be needed for changes to permits that involve potential off-site impacts to the community, such as air emissions or cleanup of releases that may have migrated off-site. The EPA says that greater outreach may be warranted when the facility is located in disadvantaged neighborhoods or when the facility is clustered near other industrial facilities and may add to cumulative impacts to adjacent communities.
Given RCRA’s “cradle-to-grave” provision, hazardous waste generators are responsible for their waste even after they hand it over to a transporter or a TSDF. Tune in to tomorrow’s Advisor for some tips on choosing a TSDF.